according when kate dips her cookie, she has her pinky out. >> i just get very excited. thank you for watching "new day." thanks for watching us eat cookies. carol costello -- >> please tell me you have my back, carol. >> i love carol costello. >> i love you right back. have a great day, guys. "newsroom" starts now. happening now in "newsroom" a shooting just because. >> one man, he has blood on him. a 23-year-old australian baseball player gunned down. >> he's not conscious. >> now, a warning from his home country, stay away from the united states. >> think twice.

on mape street usa. >> shocking new video from one of the alleged shooters. also mirranda rights. breaking his silence. >> about me going to the jail. >> detained at heathrow. a cnn exclusive you'll see no where else. plus, mark zum ckerberg. one-on-one with cnn. >> how do you do this? how developed is the plan? >> we have a rough plan for what we think we're going to need to do. >> his next world-changing project. and the kiss seen around the world. the russian track stars and now the real story behind the lip lock. pucker up, you're live in the "cnn newsroom." good morning, thank you so

much for joining me. i'm carol costello. today in the nation's heartland three teenagers wake up charged with murder for a thrill killing rattles two continents. the accused killers 15, 16 and 17 years old. and a search of the social media website vine the youngest boy, 15-year-old james edwards jr. is seen laughing. showing off a gun. prosecutors say the boys are thugs and went hunting for someone to kill and allegedly told police they were simply bored. the victim apparently chosen at random. 23-year-old college student christopher lane who came to the united states to chase his dream of playing baseball and was in duncan, oklahoma, that day to visit his girlfriend's family. his murder has shocked and repulsed australians and a former deputy prime minister is calling on his countrymen to boycott the united states. >> 15 times more likely to be shot dead in the usa per million

people than here in australia. and people should think twice in the circumstances, the senseless killing. the shooting in the back of an outstanding young australian on a scholarship in the usa which has caused quite probably deep seeded anger right across australia. >> cnn's alina machado is here with a closer look at the victim in this. >> the 23-year-old was kind hearted and had a magnetic personality. his death has sent shockwaves here in the u.s. and also across the world and this morning his three accused killers sit in jail facing felony charges. >> there's a young man. he's just standing in the ditch. >> reporter: a frantic call by a woman who saw chris lane moments after he was gunned down during an afternoon jog.

>> is he breathing? is he conscious? is he talking to you? >> he's not conscious. is he still breathing? barely. >> reporter: the 23-year-old east central university student from australia was the victim of three teens on a mission to kill. >> it was in the second interview of the 17-year-old, he was asked why they did it and he basically said, we were bored. we didn't have anything to do and we decided to kill somebody and he was our target. >> reporter: they are charged as adults with first degree felony murder. 17-year-old michael jones is accused of being an accessory to the crime. >> i will ensure i do everything i can. >> reporter: the father of one of the accused said he has also suffered a loss. >> families in australia are hurting. i'm hurting the same way. i don't cry on the outside, i'm crying right here from the heart right now. >> the two teens charged with

felony murder are being held without bond and, carol, police tell us they continue to search for the murder weapon. >> so, these kids are being tried as adults, right? oklahoma has a death penalty. could they face the death penalty if convicted? >> typically a felony murder charge could carry a maximum sentence of death. but in this particular case because the victims are minors, the district attorney tells me that they are not eligible for the death penalty, if they are convicted. >> all right, alina machado, thanks so much. in suburban atlanta haunting questions of what could have been. the chaotic scene outside an elementary school as frantic parents are reunited with their children. a gunman surrendered ending a standoff. armed with an assault rifle and other weapons and opened fire as police closed in. now we've learned hill was arrested this year for making terroristic threats and acts.

cnn's david mattingly is in decatur, georgia, with the latest. good morning, david. >> good morning, carol. the students at this school were actually expected to be back at class today, but not at their regular school building. they'll be meeting at a nearby high school. they will be back at their desks at their old school it is expected tomorrow. that is if some parents decide to let them come back here after they got the scare of a lifetime. hundreds of kids, ages 4 to 10 running for safety as gunfire erupts in their school. inside 20-year-old michael brandon hill armed with what police say was an ak-47 and a number of other weapons takes office workers hostage and tells them to call a tv station with a chilling message. >> i never experienced anything like this. he wanted us to start filming as police die. >> reporter: the gunman fired at police, maybe a half dozen times. officers returned fire. when one worker convinced him to

surrender. >> he wanted to go outside and start shooting, again. i just telling him my life story and what was going on with me. i asked him to put all his weapons down and i told police he was giving himself up. >> reporter: police searched the suspect's car for explosives and children had to be escorted to buses away from the school before being reunite would their anxious parents. hill faces charges including aggravated assault on a police officer, terroristic threats and a possession of a firearm by a convicted felon. parents complain about a lack of communication, most say they heard about it on local news. >> after they put the school on lockdown and they secured the kids, the parents should have been called immediately, right then and there. >> reporter: new fears about security from parents deeply shaken about what could have happened. >> we have a button to push to go in and you're supposed to show i.d.

>> reporter: are you going to let your daughters go back to school? >> reporter: we learned the alleged shooter michael brandon hill was arrested back in march for threatening to kill his brother in a text message. he was arrested by authorities in a neighboring county here. that went through the courts. he was actually released on three years probation. was ordered to stay away from his family and, carol, to attend anger management classes. >> i guess the most obvious question, how did he get inside this elementary school? i understand they lock the doors. you have to be buzzed in. >> they do have security here. there are double doors at the entrance of the school. he waited until someone was buzzed in through that door and before the door closed he actually grabbed it and went in

himself. very easily defeating the security system that they had in place. >> david mattingly live in decatur, georgia, this morning. breaking news to tell you about hosni mubarak accused of ordering the slaughter of protesters during the arab spring could be released from prison soon. this new report coming from state media. cnn's ivan watson in atlanta to tell us more about this and to kind of figure out what this means. >> still chasing the developments from our teams in cairo. but this is the trial of the century in egypt going on during these two years. this man who ruled as a dictator for 30 years in prison on a number of charges. now, this latest development, it's far too early to say that

hosni mubarak will walk free. he will remain in custody for 48 hours pending the prosecution's appeal. so, until we see those images of hosni mubarak walking free or being pushed in a wheelchair with trademark shades on, too early to say that the man will be set free. >> with all the turmoil in egypt going on right now, what might this mean to that country? >> a bombshell on top of the slaughter, the massacres that we have seen as well as the coup over the last two months. boy, i can't really predict, but, you know, there was one thing that pretty much all of the factions agreed on two years ago and that was that hosni mubarak had to go. the islamics agreed on it and secular liberals and now they're at each other throats. we're seeing that in cairo. if you try try to set mubarak free, that could perhaps unite these groups, once again, or --

>> or further apart. >> yeah. >> as far as the people in egypt, i heard some people say, wow, we kind of missed mubarak. >> well, i can understand that given the economic troubles of the past two years. given the security problems and given the blood letting. i mean, we've seen perhaps more than 1,000 people killed in just the last month and a half. so, if you look back at his time, well, you couldn't criticize the government, you couldn't speak out, but you didn't necessarily have to worry about being robbed. i could see some people making that argument. but, again, i think it would really go against what millions of people had protested about two years ago. would really trigger a great deal of popular anger, i suspect. >> ivan watson, thanks so much. we want to warn you about the graphic video we're about to show you. it is disturbing, so, you might want to look away this morning. syrian opposition groups are claiming government forces used chemical weapons and an attack

on rebel strongholds killing hundreds of people and video posted online by activists. the syrian government is denying a chemical weapon attack and a top u.s. official says he cannot confirm chemical weapons were used. but if it is indeed confirmed, such an attack would have serious implications for the united states. in june the white house went on record saying the the syrian regime crossed a red line by using chemical weapons. we'll keep you posted. anger outrage in the vow of legal problems. those threats are flying both ways in the case of great britain versus glenn greenwald and his partner, david miranda. the reporter that exposed secret surveillance program and this morning they're warning "the guardian" to hand over any classified material. apparently that search that led to the weekend detention of miranda as he was trying to make a connecting flight at london's heathrow's airport.

last night both men spoke exclusively to anderson cooper. >> of course, we have multiple copies around the world in different places. so, taking it is in no way accomplishing anything. secondly, everything that both david and i carry even personal items, same for his school, are protected by very advance and heavy forms of encryption that they can't access. taking it doesn't enable them to know what's in there either. not going to stop our reporting. doesn't do them any good. >> the men are taking legal action of their own filing a lawsuit claiming that it was unlawful and that british authorities abused the anti-terror measure. >> did they actually ask you anything about terrorism? >> no, they didn't ask me anything about terrorism. not one question about it. and i think it's really weird

because i was in there for like eight hours without talking to anybody outside and they're just like i have to ask them. do i have to answer this and they just telling me, like, if you don't answer this, you're going to go to jail. >> the british government isn't bending on its assessment of miranda's detention. they have a duty to protect citizens and uncover anything that might help terrorists. it's been one month since the very first woman accused san diego mayor bob filner of sexual harassment. now, a 17th woman has come forward saying she is also a victim. diane york says three months ago filner touched her inappropriately in her office. she says pictures show her with the mayor and what you can't see is where filner's right hand is. this new accusation comes as filner's representatives meet with the city of san diego for the second straight day in

mediation talks that could end with the mayor's resignation. with the story you'll only see on cnn. so, going back to that picture, his hand, really, was there? >> well, that's what she says. you can see the picture, you cannot see where filner's right hand is. she says that this happened inside the mayor's office. she went to the mayor to get help with an issue with her property. by now, carol, a very familiar story. here's what she told us happened. >> after approximately 30 minutes or so of conversation with the issues at hand. we got up to leave and took photos and he placed his hand on my exterior, on the back of my, on my buttocks is what he did. he startled me. i feel very violated. i feel extremely violated. >> so, why now? it's still difficult when i was asking her why are you coming forward right now.

even with the number of women who have already come forward, it's still difficult to put yourself out there. diane york is a prominent businesswoman in san diego. she will file a complaint this morning with the san diego's sheriff department. carol, the 17th accuser coming out as the mayor is now in mediation with the city. carol? >> the mayor was supposed to go wa back to work yesterday i take it he did not. >> he did not show up for work at city hall. he is not really expected. no one is really expecting him to show up on the job today. but completely unpredictable. what all the city hall sources are telling me, they cannot predict what the next move will be by filner. the mediation talks are still ongoing, expected to continue today. >> reporting live for us, thank you. a tornado of flames tearing through the national park.

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prison for passing documents and videos about the iraq and afghanistan wars to wikileaks. manning convicted on numerous counts last months, but avoided a potential life sentence after the judge rejected a charge of aiding the enemy. cnn's chris lawrence is outside

the military court at ft. mead, maryland. good morning, chris. >> hey, good morning, carol. we're just minutes away from heading into the courtroom in probably just a little over half an hour away of learning the fate of bradley manning. the prosecutors are asking for 60 years in prison. also for him, the forfeit pay and benefits and pay $100,000 fine. they argue that there is value in deterrence and that manning's actions disrupted diplomatic missions and put lives at risk. on the other hand saying this was someone who was struggling with gender identity issues and whether he want ed and he deserves a chance to rebuild his life at some point. it is a big concern here because, remember, manning is only in his mid-20s. his sentence could have a big effect on what happens later. he already got credit of 3 1/2

times served in pretrial detention and what they are arguing on the defense side is to try to give him a lighter sentence. one clue. the prosecutor's asking for 60 years, not the full 90 that he could be eligible for. that may signal his crimes are not as egregious. sought outain agents and at no point did he know that these documents would hand up in the hands of al qaeda. >> that sentence expected to come down at 10:00 eastern time. chris lawrence reporting live. still to come, mark zuck zuckerberg is a busy, busy man. >> we just believe that everyone deserves to be connected and on the internet. we are putting a lot of energy towards this. >> facebook's co-founder has a plan while tackling immigration reform in the united states. ♪

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talks over immigration reform will likely be on the agenda today between senator marco rubio and facebook ceo and co-founder mark zuckerberg. it was zuckerberg who invited him to the facebook campus in california. pushing immigration reform through an advocacy group he founded. he also has a new plan to get everyone on the entire planet online and he's turning to his competitors to help. cnn "new day" anchor chris cuomo joins me now because you sat down with mark zuckerberg for one interesting conversation. >> carol, i would sit down with you for any reason. i want you to know that. the interview shows zuckerberg savvy on two levels. his first, what you mention first, his ability to reach out politically and think his positions on immigration one way and the politicians he's courting going the other way and then his big idea, how to give the 5 billion people in this world without access to the internet a new life through social media.

>> when we were first talking about doing this, a lot of people actually were worried about it, that it was going to be a problem for facebook, right? and i just decided, i think that this is too important of an issue for the country. i mean, 11 million undocumented people who came here to work hard and contribute to the country. and, you know, i don't think it's quite as polarized as people always say. >> what would be your advice to the people in d.c. who try to measure these two positions. one is immigration policy is what you're talking about. let's bring in our human potential and the other one is, let's find a way to get them out. how, if you had to enter that, this is your new team and you have to make these democrats and republicans come together, what advice do you think you'd have that is not going on down there now? >> well, i can't really tell anyone how to legislate, right? that's -- everyone understands the stuff way better than i do. my goal in this is just to try to help support folks who care

deeply about getting this done on both sides and hopefully we can make a difference. >> in terms of the politics of it, you think it's important enough where you're going to do it anyway. >> i think there are some things in life that if you believe it is such a big problem, you just stick your neck out and try to do it, right? a lot of people think it's going to be really challenging to connect 5 billion people, too. it is. but i think it's one of the biggest problems of my generation to get everyone in the world to have internet access and when similarly, you know, 11 million undocumented people, that's a lot of people whose lives we can improve and make the country stronger. >> so, there you have it, carol. i mean, he has some bold ideas in two different fronts. remember he's not even 30 yet. >> he does have a powerful tool to get the democrats and republicans together on immigration. he has lots and lots of money. >> that helps. but interesting, again, to me,

politically, his ideas seem like typical path to citizenship ideas. however, chris christie, he threw a fund-raiser for with his wife, having marco rubio come and having his organization that he set up to talk about immigration do ads for conservative politicians touted. it shows he sees politics maybe the way those in d.c. should see it. one side cannot dominate. both sides must work together. novel idea. >> chris cuomo, we're going to air your entire interview at 10:30 eastern time. just about an hour from now and you'll be back with us. looking forward to it. checking our top stories at 30 minutes past the hour. new claims of syria using chemical weapons and a warning some of you might find this video disturbing. these pictures posted online by rebel activists and seem to show people dying from the use of

chemical weapons. one doctor said 200 people died and as many as 650 people were killed with poison gas earlier today. cnn cannot verify where or when these pictures were recorded. the syrian government denies using any chemical weapons. the new claims as u.n. inspectors are in syria to investigate such allegations. a u.s. official says it cannot confirm a chemical weapons attack. an australian leader is calling for a boycott against traveling to the united states after an australian baseball player was gunned down in duncan, oklahoma. police say three teenagers killed christopher lane because they were bored. james eduards jr. and chancey luna charged with murder and michael jones as an accessory. the deputy prime minister spoke to cnn's "new day." >> you have 15 times more likely to be shot dead in the usa per million people than here in australia. people should factor that in.

they should think twice in the circumstances but by the senseless killing and the shooting in the back of an outstanding young australian on a scholarship in the usa which has caused deep seeded anger right across australia. in the meantime, security is tight at the high school in duncan after anonymous threats were made. and we're watching the opening bell at the new york stock exchange right now. could be another bumpy day for the markets, we hope not. investors are waiting for the federal reserve to release information on their latest meeting and they're looking to see if the fed will cut back on the stimulus program. good news for lowe's and target. both companies reported higher quarter sales and profits. we're back after a quick break. ( bell rings ) they remind me so much of my grandkids.

wish i saw mine more often, but they live so far away. i've been thinking about moving in with my daughter and her family. it's been pretty tough since jack passed away.

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close family friend james dimaggio, the sister of the slain kidnapper is seeking answers of her own in a stunning development. cnn's zoraida sambolin is tracking the story and she's in new york and this is insane. >> it is. it's taking a lot of twists and turns. so, here's the deal. james dimaggio left $110,000 in life insurance money to the paternal grandmother of hannah and ethan anderson. he made it clear he wanted the cash to go to the anderson children and now dimaggio's family is asking for paternity tests to rule out his sister's suspicion that he was the children's father. overnight, a painful twist to an already tragic story. laura dimaggio, sister to jim dimaggio, the man accused of kidnapping 16-year-old hannah anderson and murdering her mother and younger brother, now requesting dna samples from both hannah and her brother. the reason, according to a family spokesman, she wants to

know if dimaggio was actually the children's biological father. >> there's been a lot of rumors about whether or not jim might be the father of either or both children. we find it very strange that he left all this money without any explanation. >> reporter: that money is from a life insurance policy that named hannah's paternal grandmother. it reportedly is worth around $110,000. jim's sister was reportedly the beneficiary up until 2011. >> expected the grandmother to use the money to take care of the two children. he had said specifically that he didn't want to give it to either parent because he didn't trust them. >> dimaggio described as a family friend referred to as uncle jim in an interview with "new day" while hannah was still missing. >> he has become a part of our family. we were just really good

friends. nothing ever to show any indication of this. >> so, if dimaggio's life insurance policy is in order, his alleged crimes are not expected to impact the payout there. so, what that means is that hannah's grandmother, bernice, will receive a check within 45 days. we reached out to the anderson family to get a comment and we just received it not too long ago and this was is a representative for the anderson family. >> brett and tina anderson did not meet mr. dimaggio until the sixth month of tina's pregnancy with hannah. brett anderson's dna was used to identify the body of his dead son, ethan anderson. the dna and why is the sister now asking for this blood test. they're saying impossible because she was already pregnant with hannah. >> okay, so, that's cleared up, i guess. >> the hannah issue, you know, that is their official

statement. >> all right. zoraida, thanks so much. still to come in "newsroom" was it a kiss or a protest against russia's anti-gay law. now, these athletes explain exactly what they were doing when they embraced. ng to be an even better company - and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger.

oh, unstoppable at least for a while the kiss noticed around the world. two russian runners sharing an embrace after winning their race in moscow over the weekend. but the women say, hold on. they say the story is all wrong. nischelle turner joins us now

with more. >> well, first of all, how did i know you were going to be playing that song, carol. i think most people thought that is what was going on when we saw that kiss. but given the current climate in russia the concern over gay athletes might be treated during the upcoming winter olympics in that country. this story has really resonated around the world, despite the denials of the women involved. now, bear with me on these pronunciations. russian sprinters rasova were part of the team who won the women's 4 by 4 relay and beat the united states team who was favored. the entire team embraced as they received their gold medals. but they were pictured kissing on the lips a symbol of defiance in the face of controversial new laws. now she told the media at a news conference in moscow that they had been overcome with emotion after finally topping the podium

after eight years of trying. listen to what she said. >> translator: we haven't won any gold for eight years and you cannot imagine what it was like when she finished the race and we understood we won. if we touched each other's lips by accident, it is someone's sick fantasies. i'm sorry to say that. i don't see any hidden motive and it's not nice to insult us, our coaches or our bosses like that. >> i kind of like she said if we touched each other's lips. there is like hand grabbing the head there. >> doesn't look so accidental to me. >> that's more than touching the lips. but we'll take what she said and go with that. but, carol, i've seen memorable kisses between athletes in competition. one of my favorite in the '80s they did that smooch during the nba finals.

remember. while they're saying, okay, this was no big deal, just a kiss. in russia, fundamentally things have changed. so, now, a kiss is not just a kiss. it's much more. >> yeah, there. nischelle turner, thanks so much, as always. "newsroom" comes back in a minute. right now, 7 years of music is being streamed. a quarter million tweeters are tweeting. and 900 million dollars are changing hands online. that's why hp built a new kind of server.

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this week on "the next list" journey to the tops with beekeeper. >> i run the new york city beekeeper association. i help run bees without borders. i am a paid consultant by restaurants and hotels. i have my own private hives, from which i extract and bottle honey. and sell at union square. i sleep from time to time. >> frame the heights of manhattan to the far reaches of the african bush. he's spreading his love of these remarkable creatures to people throughout the entire world. and a pint-sized robot that has them rolling in the aisles. >> you guys are looking good out there. ready for some jokes? >> yeah. >> how programmer heather knight is using social robotics to transform our future. their stories on "the next list"

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that understands that one type of hybrid isn't right for everyone. me to the lexus golden opportunity sales event and choose from one of five lexus hybrids that's right for you, including the lexus es and ct hybrids. ♪ this is the pursuit of perfection. . the gunman who opened fire had been arrested in march for making threats and acts against his own brother. this is according to the district attorney who said that he threatened to kill his brother. hill barricaded himself inside the elementary school and fired six shots at officers before eventually surrendering to police. he faces multiple charges amazingly, luckily, no one was

injured. a business student was found dead after working three straight days at his bank of america internship. he was found unconscious at his apartment in london. his internship was set to end this week. police have not reported the cause of death but he had epilepsy and it could have played a role. some residents in a small idaho town are defying an evacuation order as the fire gets closer and closer to their neighborhood. the fire chief says those who stay behind are helping to battle the flames, even helping put a fire line around the town. the fire has tripled in size since monday. samsung may remind you a little bit of this. remember those big old phones? well, there's a big old phone on the market and it's called the

samsung galaxy mega. it has a screen that is 6 1/2 inches in diameter. it's the largest smartphone sold in the united states. it debuts later this month. here's what's all new in the next hour of newsroom, it's filner watch day 31. and the mayor's not budging. >> one of the attendees at the party was giving me credit and said that i had worked my toosh off for him. he said, turn around. he proceeded to pat me on my posterior and say, no, it's still there. bradley manning's sentencing. prosecutors want at least 60 years. defendants say he should not be

left to rot in jail. and plus, quality on the sports field. >> if you can play, you can play. >> on our team. >> on our team. >> on our team. >> now gay athletes get a new voice. wade davis is in the house. that's all new in the next hour of "newsroom."

major league baseball sending a message to all of their pitchers. if you hit a-rod on purpose you'll be suspended for it. good morning. >> good morning. joe girardi said it would be open season on a-rod if they didn't suspend brian for going after a-rod. the red sox pitcher never admitted to hitting a-rod on purpose but says he will not appeal the suspension. the lehigh iron pigs selected a pitcher. they selected steve paul's essay in which he describes suddenly being diagnosed with als and it's a huge burden on his family. the funeral package that he's

won is worth up to $10,000. he doesn't plan on using it any time soon. great story there. alabama football fans have come up with a new shirt that trolls everyone. it says tebow cried tree died lsu tried te's fake. >> friends don't go to alabama here in georgia. >> that's right. alabama is number one in both polls which kicks off one week from tomorrow. all right. we have another over zealous dad going for a home run ball at the world series. >> oh, come on. >> wait for it. wait for it. there he got it. at least he came up with the baseball. >> did he get it autographed? >> yeah. chinese papers is panama.

it wasn't even -- >> thanks, andy. the next hour of cnn "newsroom" after a break. [ female announcer ] a classic macaroni & cheese from stouffer's starts with freshly-made pasta, and 100% real cheddar cheese. but what makes stouffer's mac n' cheese best of all. that moment you enjoy it at home. stouffer's. made with care for you or your family. ( bell rings ) they remwish i saw mine of my granmore often, but they live so far away. i've been thinking about moving in with my daughter and her family. it's been pretty tough since jack passed away. it's a good thing you had life insurance through the colonial penn program. you're right. it was affordable,

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call now and ask one of their representatives about a plan that meets your needs. so, what are you waiting for? go call now! we'll finish up here. happening now in the newsroom, he's behind the biggest leak in u.s. army history, bradley manning getting sentenced right now. what will his price be? plus -- >> i feel very violated.

i feel extremely violated. >> another day, another new accuser and bob filner, he's still in office. it's day 31 of filner watch. mark zuckerberg one on one talking about his next world changing project. >> how do you do this? how developed is the plan? >> you know, we have a plan, a rough plan what we think we're going to need to do. and a former nfl star out of the closet and trying to level the playing field for other gay athletes. the second hour of newsroom starts now. good morning. thank you so much for being with me. i'm carol costello. we are awaiting a ruling to be announced at any minute in the sentencing phase of bradley manning's court-martial. manning, as you know, was convicted of handing over documents to wikileaks.

the prosecutor has asked for a prison term of 60 years to deter others of similar actions. the defense has suggested no more than 25 years, giving manning a chance to rebuild his life. cnn's chris lawrence has been following this military court. he's at ft. meade, maryland, right now and chris will run out of that courtroom and give us the details. moving on now to san diego and mayor bob filner. meet accuser number 18. one month after the first woman accused him of sexual harassment, a business woman, a prominent business woman, diane york, joins the list. and york says she has photos taken of when it happened. this new accusation comes as filner's representatives met with the city of san diego for the second straight day in talks that could end with the mayor's resignation. kyung lah is joining us. let's go back to that picture

again because the latest alleged victim says filner's hand is there. >> yeah. let's provide a little context here. you can't see the right hand of mayor filner. this photo taken three months ago, york went to filner with an issue. she's having a property issue, some legal problems with this particular property. she says as she got up mayor filner was taking these pictures with her and his hand went somewhere. let's hear her as she explains what happened. >> after approximately 30 minutes or so of conversation with the issues at hand, we got up to leave and took photos and he placed his hand on my exterior, on the back of my buttocks, is what he did. he totally startled me. i feel very violated. i feel extremely violated. >> she says she simply didn't know how to react.

you may see that she's sort of taken aback. she's smiling because that's normally what you do when you take pictures with the most political figure in your city. she says she wants to try to make a difference and continue the pressure on mayor filner as he's in this mediation session. she's going to be filing a complete, carol, with the san diego sheriff's department. >> it's just -- it's mind boggling. so filner was supposed to return to work yesterday but he did not. it's unlikely, then -- well, who knows what he will do today, right? >> yeah. who knows is exactly right. everyone i've talked to at city hall has said the exact same thing. who knows. we don't know what he's going to do. we don't know if he's going to resign, make some settlement. that's what you hear across the board. there is pressure on him politically as well as the city attorney trying to figure out a way to force him out through some legal avenues but, again, back to what you just said, carol, who knows.

>> who knows. kyung lah, thanks as usual. the san diego mayor remains, as we said, on the job. and for weeks now he's even yet acknowledged these claims, 18 of them so far. san diego has yet to receive a comment from filner about this scandal. he's been undergoing intensive behavior therapy. one of the first women to come forward is laura fink. good morning, laura. >> good morning, carol. >> so yet another woman has come forward. what goes through your mind when you hear their stories? >> well, at this point i think the shock has worn off. it's just profound disappointment that yet another woman has had to endure this, this problem. >> and her story's very similar to yours. >> her story is similar to mine. all of the stories bear a similarity, someone who has

power and he abuses that power by taking advantage and inappropriately behaving around women. i think that that pattern of behavior is striking for how long and how pervasive it has been. >> so the mayor says he's undergone this intensive therapy and he also underwent outpatient therapy. do you think he's serious about this or is it in a joke, in your mind? >> i hope it's a joke but serious is backed up by action and two weeks in therapy cannot account for years of reprehensible behavior. it's going to take more than that. >> are you surprised he hasn't resigned? >> you know, i'm not surprised because i worked for him for over two years and he's one of the most stubborn individuals that i've ever met and you couple that with sort of the importance of the resignation to his legal case. he's using it as a negotiation point. i think that that's clear. so i'm not surprised but i'm

profoundly disappointed both for the victims and also for the people of san diego. i'm a native san diegan. i love my city. it's extremely disappointing that we have a mayor that doesn't represent us. >> what would you say to bob filner right now? >> you know, i think i've said everything that i would probably say. i don't know that i can say any more. i think he should resign. i think he should try to pursue a path of integrity from this point forward and i think he should make it as easy as possible considering the damage that he's done. >> laura fink, thank you so much for joining us this morning. >> thank you. egypt's former president hosni mubarak could soon be a free man. an egyptian court has ordered the dictator be released from prison. or former dictator. mubarak was convicted for not stopping the slaughter of protesters during the uprising

that ousted him from office. you commonly hear it as the arab spring. cnn's ivan watson is here. in your mind, is it clear that they are actually going to release him? >> well, it really does look like his defense attorneys are trying to get him out on a technicality. he's facing a whole bunch of different charges right now and you have to remember that just last year, hosni mubarak was given a life sentence to try to prevent the killing of protesters in 2011 when that revolution started there and that was overturned and a retrial was ordered. so i think it's too early to say it. but the timing of this and the prospect of him being released when that country is still reeling from a military coup and from the massacre of hundreds of people, more than 900 people in

just the last few weeks would be astounding. >> going back to the arab spring and the fight for democracy in egypt, if he's a free man right now, it was all for nothing? >> well, if we see him walking free or being pushed free in a wheelchair because there have been constant suggestions that he's about to die by his defense attorneys, which really does look like it's been a strategy, a legal strategy and he's apparently been doing okay, yeah, if he is freed, then what was it all for? this man was accused of everything from corruption to basically killing his own citizens. so -- and prompted and unheard of and unseen before a popular movement, calling for his ouster. and that has been one of the things that has helped come together in the revolution, have agreed on that this man does need to face a court of justice.

but as we can see, this trial has been a big mess. >> you're not kidding. ivan watson, thanks so much. i want to warn you, these are graphic pictures we're about to show you. it's disturbing and you may want to look away. government forces used chemical weapons in an attack on rebel strongholds killing hundreds of people. cnn cannot verify the legitimacy of this video posted online by opposition activists. they are denying the chemical weapon attack and a top official says he cannot confirm chemical weapons were actually used. we'll keep you posted. an australian leader is calling for a boycott against traveling to the united states after an australian baseball player was killed in duncan, oklahoma. three teenagers killed him because they were bored. in a video posted online, the youngest boy charged,

15-year-old edwards, you can see him there. he's laughing and showing off his gun. the sister of slain kidnapped james dimaggio has asked for a dna test because he could be the father of hannah. he kidnapped hannah and took her to idaho. the parents did not meet dimaggio until tina was pregnant and that dna tests identify brett as the father. this was the chaotic scene outside of an elementary school. moments earlier, a gunman surrendered ending a standoff in which he vowed that cops would die. the school's bookkeeper is credited with talking the gunman into surrendering. here's what she said on abc "good morning america".

>> i began to tell him my life encounters and some of the things that were happening to me and to get him to maybe start talking with me and opening up. >> what did he say? >> he said that he hadn't taken his medication and that he was going to die anyway and that he was okay with dying and that he was going to kill all of the police officers and that he wanted me to know that he was not going to hurt me and i told him okay. and that it was going to be okay. >> and you told him you loved him. >> yes, i did. >> and he put the gun down and laid on the floor and the police came. that's amazing. witnesses say 20-year-old brandon michael hill had assault weapons and opened fire initially as police closed in. he was arrested earlier in the year for making terroristic threats against his brother in

neighboring henry county. still to come in the "newsroom," a jaw dropping crash caught on camera, hurdling over a guardrail and into the creek below. plus, fire at yosemite. flames through the park and, two words, ted cruz. i was born in 1970 in calvary, canada. i grew up in texas. >> citizenship, obama care, and being hooked on subsidies. his words, not mine. "newsroom" is back after a break. [ male announcer ] this is brad.

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saving time by booking an appointment online, even smarter. online scheduling. available now at meineke.com. checking our top stories at 15 minutes past the hour, a camera captures a truck driving in the median and then look at that, it fell right into a ravine near lansing, michigan. the 59-year-old driver had a medical condition, drove off the highway and then dropped 20 feet into an empty ravine. the driver fractured his leg, suffered a partial lung collapse but, guess what, he's expected to make a full recovery.

watch as huge flames fly into the air at yosemite national park. the main road is now closed after this raging wildfire jumped the highway. officials say the fire is zero percent contained. more than 10,000 acres have now burned. at least two homes have been destroyed and now 2,000 buildings are in the path. the flames look so funky in this fire. >> they are pretty impressive. one thing to remember is that we're talking about high winds in the area and then to put it simply, look at all of that vegetation on the ground burning. that's carbon. once you put it higher up in the atmosphere, it hits oxygen, it still combusts. i'm going to take you over to the map and you're going to see that is why we have red flag warnings across the firestorms. thunderstorms are moving in. that confuses a lot of people. people say, that means rain

comes in. you get the strong winds and erratic behavior. and then there is a threat of dry lightning and then the third concern is, how much rain. if you get too much rain over a burn area you have a potential for flooding. over half an inch of an hour of rainfall rate, that's the threshold that we see flash flooding. a lot of concerns but the good news is that rain is headed in that direction. >> all right. indra petersons, thank you so much. for mark zuckerberg, running facebook is not enough. he's taking on bigger challenges, like bringing internet access to the entire planet earth. and then there's immigration reform. mark zuckerberg. that is next. i've had surgery, and yes, i have occasional constipation.

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i'm carol costello. we'd like to welcome our international viewers from around the world because we have important breaking news to pass along to all of you. private first-class, at least he used to be, bradley manning has been sentenced now. she would announce his sentence and she has. he's been sentenced to 35 years behind bars and he's been dishonorably discharged. chris lawrence is there at ft. meade, maryland. bradley manning sentenced to 35 years in prison and dishonorably discharged. here to talk about the sentencing is page. prosecutors wanted 60 years. he got 35. did the judge take into account manning's youth? >> i think so. they wanted to send a message

that if you leak these types of things you will be punished. he could have faced up to 90 years. i think the judge considered his age. i think the judge also took into account that he seemed to apologize, not so much for what he did but the harm it may have caused to the country. >> well, in the presentencing hearing, bradley manning's attorney presented all of the information of what happened during his childhood. they intimated that perhaps the army should have known about his problems and not, you know, made -- and not given him such access to sensitive information. that's what i'm saying. will the judge take that into account, too? >> i think so. you really walk a fine line. you can't blame the military for putting him in the position that they did.

at the same time, you have to say, this kid had some problems. what he did was what he thought was right. he wasn't trying to be malicious and aid the army. she found him not guilty of that charge. i think she took all of that into consideration in imposing this sentence. >> i believe in military courts, the army can review the sentencing. >> absolutely. >> and what could happen? could they give him less? >> within six months it goes to an army court of appeals just like in civilian court. they can review the conviction and the sentence. here, remember, manning pled guilty. the judge is finding him guilt only applies to certain of the charges which would go up on appeal. >> it's interesting that he only got -- only. i say that only, 35 years, in light of edward snowden. you would have thought that might enter into the judge's

decision as well. >> i think it had a lot to do with edward snowden. they are trying to send a message, if you do something like this, if you leak information and whether it harms the country or not and we catch you, we're going to impose a stiff sentence. 35 years is still excessive. if you look at other cases like this, i know this is supposed to be the largest leak of its kinds, but other folks that have given information to the soviet union back in the '80s, 30 years was a maximum back then. we've seen people sentenced to only months for this type of thing. >> page pate, thank you. we're going to take a break. when we get back, much more in the "newsroom."

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chris cuomo sat down with mark. good morning to you. >> good morning. mark zuckerberg says this is the new frontier and for the entire tech community, such that he has put together an organization called internet.org. it has some of the biggest names of social media and digital media, to literally get the entire world online. when you visit the facebook campus, you get the sense that anything is possible. >> we want the cam tpus to feel like a little city, a village. >> reporter: and now zuckerberg wants to make the entire world like a facebook campus in a way. by providing internet access to the entire world. the idea is called internet.org. its target, the five billion people around the globe without access to the net. >> we use facebook to share news

and catch up with our friends. but they are going to use it to decide what type of government they want, get access to health care for the first time ever, connect with family hundreds of miles away that they haven't seen in decades. getting access to the internet is a really big deal. i think we're going to be able to do it. >> reporter: and the word "we" is a keyboard becauword because not just extraordinary, it's to reach out to the biggest companies in social media. aka, his competitors in part to work together. >> how did those calls go? >> that part varies. but in general, these are companies that we have deep relationships with and have worked with on a lot of things for a long time. so this kind of came out of all of the discussions that we had. >> reporter: so a team with the best in the business has come together but for a task this size, uniting five times the global presence that facebook has already, it's going to take

a lot more. >> what about the how? how do you do this? how developed is the plan? >> you know, we have a plan, a rough plan for what we think we're going to need to do to pull it off and, of course, the plan will evolve over time and we'll get better ideas. but if you look at the trends, data is becoming more available to people. apps are getting more efficient to run. there are more business models to help people get online. >> it's also good for facebook and other companies because mobile access to the internet is where your business lies. right? >> if we were just focused on making money, the first billion people we have connected have way more money than the next six billion combined. it's not fair but it's the way that it is. and we just believe that everyone deserves to be connected and on the internet so we're putting a lot of energy towards this. >> reporter: people see you as sort of a comeback kid right now. forget the kid. it's just a phrase. that you took some lumps and you found a way to come back.

are you aware of that? do you feel that in yourself, that like some people thought it wasn't going to happen, that you had had your run but look at me now? do you get a sense of that? >> yeah. you know, we've always just focused on building something great over the long term. everyone at facebook, i just tell them, come in and try to make the biggest impact that you have. if we keep building a service that people love and that more and more people use every day, which we seem to be doing pretty well at, then we're going to be fine over time and that's our focus in terms of building the company. >> hard to do, though, when you hit the bumps in the road, right? it's a great message when everything is okay? >> it's especially important when you hit the bumps. >> so when not trying to connect the world to the internet, you have to run one of the biggest companies and when you want a distraction from that, you've decided to take on the easy task of immigration policy in the united states. why are you wading into those waters? >> when we were first talking about doing this, a lot of

people actually were worried that it was going to be a problem for facebook. and i just decided, i think this is too important of an issue for the country. there are 11 million undocumented people who came here to work hard and contribute to the country and, you know, i don't think it's quite as polarized as people always say. >> reporter: what would be your advice to the people in d.c. one is, immigration policy is what you're talking about. let's bring in our human potential. and the other one is, let's find a way to get them out? if you had to enter that, this is your new team, making democrats and republicans come together, what advice do you think you would have that is not going on down there now? >> well, i can't really tell anyone how to legislate. everyone understands the stuff way better than i do. so my goal in this is just to try to help support folks who care deeply about getting this done on both sides and hopefully

we can make a difference. >> in terms of the politics of it, you think it's just important enough where you're going to do it anyway? >> yeah. i think there are some things in life that if you believe it's such a big problem, you just stick your neck out and try to do it. and, i mean, a lot of people think it's going to be really challenging to connect 5 billion people, too. it is. but i think it's one of the biggest problems of my generation to get everyone in the world to get internet access. similarly, 11 million undocumented people, that's a lot of people's lives that we can improper and make stronger. >> reporter: good luck. you're not even 30 yet. you're doing great. good luck with everything. because zuckerberg needs me to tell him that he's doing a good job so far. i mean, the arrogance. >> you're not even 30 yet. >> you know, it's interesting. you know, he is young, right? and he has been not just precocious but so wildly successful that his life story

has already been told in a major motion picture and yet i do believe -- one of the reasons i pointed out his age and success to him personally, i think we're seeing a next chapter for him in his personal maturation process, getting involved in politics, expanding himself. i think it's personal as well as professional growth. >> well, 30 is an important milestone. it's when we have to grow up, right? including mark zuckerberg. thank you, chris. all right. we welcome our viewers around the world. bradley manning has been sentenced to 35 years in prison and has been demoted and dishonorably discharged from the army. chris lawrence is joining us live. tell us more. >> reporter: carol, there was an audible gasp in the courtroom as that verdict was read and bradley manning was quickly rushed out of that courtroom, within seconds, as supporters in

the back rows yelled to him, we love you bradley. we're still fighting here for you, bradley. we could see his family members in the front row just behind him, his aunt, a cousin openly crying, weeping and wiping tears as the judge decided to sentence him to 35 years. where does that fall? prosecutors were looking for 60 years. the defense had asked him to be sentenced to no more than 25. but when you break that down, bradley manning is already getting credit for nearly four years of pretrial confinement. so that brings it down to a little over 31 years. he's only mandated to serve at least a third of that. so it is possible that with parole bradley manning could be out of prison in about ten years, carol. >> so is it your sense, chris, that the judge soaked some leniency in this case? >> reporter: i think she struck a balance. and i think even the prosecutors by only asking for 60, not the

full 90 that he could have gotten, were recognizing that manning -- that this crime was different than manning, going directly to a foreign agent and directly giving them the information. at no point did the government prove that he knew that the documents would end up in the hands of al qaeda. the defense has been arguing that he was a troubled man, that this was someone who was struggling with his gender identity issues, that he was exploring how to become a woman, and that as the united states soldier, especially serving under don't ask, don't tell, and deployed to iraq, that he had no way to really communicate that ordeal with that. the prosecutors had argued that this sentence needed to send a message to others who would potentially do the same thing. they said a sentence could act as a debt ter reterrent. so i think the judge definitely struck a balance between those two arguments.

>> all right. chris lawrence, reporting live from ft. meade, maryland, this morning. still to come, ted cruz, a town hall on obama care and, oh, the hecklers. put it all together and what do you get? well, we'll show you after a break. 0 we do? i took the trash out. i know. and thank you so much for that. i think we should get a medicare supplement insurance plan. right now?

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ted cruz, the republican rising star and senator from texas finding himself in the middle of a faceoff during a dallas town hall. his opponents? hecklers upset about his stance against obama care. >> there is a new paradigm. gentlemen, thank you for sharing your views. you know, part of the first amendment is about respecting the views of others. you know, i'll make a couple of observations about those two young men. number one, i agree with them. they should have health care and obama care is causing more and

more people struggling to climb the economic ladder to lose their health care. and number two, in the world of astroturf, fake grassroots, you know, president obama organizing for america is trying to pay people to pretend that the grassroots are with em this. every time they come to protest in texas, they've sent a small group of people and y'all have outnumbered them of three to two and four to one. >> he's smooth. probably the most destructive law that's ever been imposed on the american people, ted cruz says. and he's backing a plan to defund obama care, even if it means a government shutdown. joining me is will caine and college professor, jason johnson. welcome to you both.

>> good morning. >> okay. so i'll start with you, will. ted cruz says obama care is causing young people to lose health care and in part he's right because companies are opting out of paying health care because of obama care. >> right. we just saw the news this morning that ups is dropping the spouses of something like 15,000 employees and they are blaming specifically obama care. you know what is awesome about that clip that you just played about the heckler and ted cruz rally is it really is embodying the status of obama care. a small majority who support obama care, while a growing majority see that it's falling apart. almost every poll, more than 50% of americans oppose obama care. why wouldn't they as deadlines are missed, the truth is becoming apparent to everybody. >> the polls that i've seen is

pretty evenly split. >> it's over 50%. >> you could say that some companies are opting out of paying health care for their employees but there are alternatives for those young people to get insurance, right, jason? >> yeah. you can stay on your parents' insurance longer. it's not a perfect policy. i don't even think liberals thought it was a perfect policy but the president was trying to do something about the rising costs there. are certain states and certain parts of europe it's working fine. i can talk about my own college how it's increased expenses. ted cruz and republicans like him who want to focus their entire rhetoric on defunding obama care are not helping the party. they have to have a better alternative other than we just hate this policy. >> he's right about that. the establishment, you know what i'm talking about, republicans here, they don't like the idea of shutting down the government and defunding obama care because

polls show that most of the american people will blame republicans that the government shuts down. >> that's a political analysis, though, carol and interesting to me. jason's analysis that we have a problem with health care and, yes, obama care is imperfect amounts to just do something and that is a big problem because for many of us we see this is a point in american history. you are attempting and clearly failing to restructure one-sixth of the american economy. i don't blame you for trying to do that. i blame you for trying. it was an impossible task. >> let's move on to topic number two because this has been in the news lately. ted cruz has been in the headlines after news about his canadian birth sparked a dual citizenship. here's what he had to say to candy crowley. >> i have to get this birth certificate off the table. i think it's fairly cool that you had dual citizenship. you could run for the canadian

parliament, you can go run for president. what's wrong with that? >> i think it's the season in politics. this past week the dallas morning news asked me for a copy of my birth certificate so i sent it to them. they ran a story and it seems a whole lot of media outlets -- i guess it was a slow news story and they ran with the story, which is fine. >> but jason, didn't donald trump initially bring this up? >> donald trump brought this up. when you run around with crazy people, you run around with a propeller hat on. that's the situation right now. it was a republican party that promoted and appreciated and pandered to the birthers and that's where some of this nonsense will come from. ted cruz has dual citizenship. that's not going to prevent him from running and i don't even think it makes the tea party hypocrites. it's the silly season, like he said. >> i totally disagree. it's not a silly discussion to be had. can he run for president?

even legal analysis suggests that he's a natural-born citizen. but why was that included in the constitution? because there was a natural suspicion of immigrants. in the 1700s, there was a fear that the british would come and try and co-opt the government. we arrive today at ted cruz having a dual citizenship and he's renounced his canadian citizenship? i think that's a good idea. i want to know that his entire focus is on the united states. it's not cool. it may be cool for you or me but if you're running for president, just be loyal to america, period. >> well, i was born in canton, ohio, and i am loyal to america, will cain. >> and i feel strongly about that. >> bradley manning was born here and he wasn't loyal to america. >> jason is right, it's a silly

discussion. will cain and jason johnson, thank you. still to come, a nurse serving a 99-year prison sentence for killing a baby could be set free because of a legal loophole. ♪ [ crashing ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. trusted heartburn relief that goes to work in seconds. nothing works faster.

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skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, liver disease and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. take the next step. talk to your doctor. cymbalta can help. a nurse suspected of killing more than 40 infants could soon

walk free. she was sentenced to 99 years but a legal a loophole could get her out of prison early. ashleigh banfield will be talking about that on "legal view" in the next hour. >> this woman injected a baby and killed a baby and this baby was in her mother's arms when it happened. you would think that a 99-year sentence plus an additional, i don't know, 60 might ensure that the woman never walks free but what about this loophole? why does it exist? can they backtrack it, change it, and make it retroactive? it is a big question and there's one woman right now who is prepared to exhume her own baby to try to keep that woman behind the bars. i'll tell you about that story and all of the legal arguments

to go with it. >> ashleigh banfield, we look forward to it. lgbt athletes. we're going to talk about wade davis next. [ woman ] ring. ring. progresso. i just served my mother-in-law your chicken noodle soup but she loved it so much... i told her it was homemade. everyone tells a little white lie now and then. but now she wants my recipe [ clears his throat ] [ softly ] she's right behind me isn't she? [ male announcer ] progresso. you gotta taste this soup.

professional sports stars are supporting a level playing field for athletes of all sexual identities. check out this video. bay area players that you probably know. >> we're about winning championships. >> multiple championships. >> you want to play on our team? >> can you play? can you play? >> we only care about one thing. >> if you can play, you can play. >> gay, straight, bi, whatever. >> gay, straight, bi, whatever. we don't care. >> if you can play, you can play. >> you can see videos with that same theme from other athletes on the you can play website

which works for equality for lbbt athletes and provides training programs for sports teams. wade davis has been named the executive director of the you can play project. davis came out as a gay man last year. good morning, wade. >> hi, carol. how are you doing today? >> i'm good. it sounds like a great project. tell us about it. >> well, what the you can play project is is an organization that all athletes, regardless of their gender orientation or identity should have access to playing sports and do it free from harassment or discrimination. >> and you're going to be going around to different nfl teams, kind of teaching people to be more accepting? >> well, yeah. the you can play project signed an historic deal with nhl and soccer. we're doing it with other sports teams to do trainings, educational trainings and programs.

we do something called the invisible athlete forum where we have a moderator and other lgbt athletes that share their actual stories. we hear and you can believe that the sharing of stories is really pivotal in changing hearts and minds. >> are feelings different in different sports? and the reason i ask you that is because i interviewed the detroit tigers and i asked them, would you feel comfortable with a gay player coming out on the detroit tigers and they said, what's the big deal? is it different in the world of baseball than it is in the world of football? >> i don't think so, actually. i think we do athletes a disservice by assuming that they are all neandrethals. i've found that most don't care what the sexual orientation is. it allows everyone a voice in the conversation.

so i don't believe that there is one sport that is more or less homophobic. i just think that athletes are not given the opportunity to prove how accepting that they are. >> i ask you these questions because in the world of sports, especially in football, you see many religious players, social conservatives. >> yeah. you know, i think that religion is important and the one thing that we do is try to meet the players or anyone where they are at. if there's a player that has a religious concern about playing with an lgbt player, we want to have that conversation, do it in an open and honest way, do it free from judgment and make sure that everyone's voices heard. >> wade davis, thank you, we appreciate it. >> you're welcome. thank you for joining me today. i'm carol costello. "legal view" with ashleigh banfield after the break. [ male announcer ] this store knows how to handle a saturday crowd.

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